DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 05089-10
4 April 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the United
States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 29 March 2011. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted of
your application, together with all material submitted in support
thereof, your naval record, and applicable statutes, regulations,
and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps and began a period of active
duty on 16 February 1994. The Board found that based on the
information currently contained in your record it appears that a
background investigation found you failed to disclose your pre-
service drug involvement. Subsequently, administrative discharge
action was initiated to separate you by reason of fraudulent
entry as evidenced by your concealment of your pre-service drug
involvement. You waived your rights to consult counsel, submit a
statement or have your case heard by an administrative discharge
board (ADB). Your case was forwarded recommending that you be
separated by reason of fraudulent enlistment. The separation
authority concurred and you received an uncharacterized discharge
on 3 November 1994.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and contention that your recruiter submitted a waiver on
your behalf. Nevertheless, the Board found that these factors
were not sufficient to warrant recharacterization of your
discharge given the fact that you failed to disclose your pre-
service drug involvement. Regarding your characterization of
service, the Board noted that you were notified of your
separation processing within 180 days of the beginning of your
period of active service. Navy regulations authorize an
uncharacterized entry level separation if the processing of a
Sailor's separation begins within 180 days of his entry on active
duty. Concerning your contention of a drug waiver being
submitted on your behalf, there is no evidence in the record to
ssupport it, and you submitted no such evidence. Accordingly,
‘your application tas béen denied. The names and votes of the
Fembers of the panel vill be furnished upon request.
It is regretted that the circumstances of your case are such that
favorable action’cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injuatice.
Sincerely,
\Sseacel,.
We eA
Executive D °
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